IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 7, 2009 Session RICHARD L. HUBBELL v. SUMNER ANESTHESIA ASSOCIATES, INC., ET AL.

Appeal from the Chancery Court for Sumner County No. 2008C-87 Tom E. Gray, Chancellor

No. M2008-01736-COA-R3-CV - Filed April 29, 2009

PATRICIA J. COTTRELL, P.J.,M.S., dissenting.

I respectfully disagree with the conclusion of the majority and would affirm the trial court’s grant of summary judgment to the corporation. I agree with the majority’s exposition of relevant legal principles. I disagree, however, with the conclusion that Mr. Hubbell provided any evidence regarding the value of his shares in SAA.

The corporation provided evidence, including expert testimony, as to a specific value of Mr. Hubbell’s shares. Rather than presenting evidence of a different value, Mr. Hubbell gave his own opinion as to the deficiencies in SAA’s evidence. His opinion did not create a dispute as to any fact.

At most, he challenged the methodology used by SAA or its expert to calculate the value. This could be construed as a challenge to SAA’s expert or an argument the case law regarding valuation methods was not followed. Neither is a fact or evidence of a fact.

__________________________________________ PATRICIA J. COTTRELL, P.J., M.S.